Elliott v. State

OPINION

GALBREATH, Judge.

The plaintiff in error sought to interpose a rather interesting but unavailing defense and from the trial judge’s refusal to allow its interjection on voir dire examination or by specially requested charge we have this appeal seeking to overturn the conviction for armed robbery and ten year sentence.

Simply stated, the theory of the defendant was that be cause he claimed the victim owed him a debt, the jury, if it believed the existence of the debt, would be lawfully justified in finding that a forcible taking of a watch and ring from the person of the victim to satisfy…